SEPTEMBER TERM 1849 James Sharp IN PARTITION vs. Thomas Ayres and
Be it remembered that Susannah his wife -- heretofore to wit on the 18th et alias ... day of May A.D. 1847 James Sharp by his attorney Andrew W. Morrison, Esqr. filed in the Office of the Clerk of the Court of Common Pleas within and for the County of Carroll and State of Ohio a Petition in Partition in the words and figures following: to wit: The State of Ohio Carroll County vs. Common Pleas May Term 1847 -- James Sharp vs. Thomas Ayres and Susannah his wife, Perry James and Sarah his wife, James Larkins and Rebecca his wife, John Sharp, Thomas Tolan and Susannah his wife, George Walker and Sarah Jane his wife, John Everhart and Mary Ann his wife, Abram Sharp, William Sharp, Elisabeth Sharp and Hannah Hoge et al. In Partition. Your petitioner James Sharp of Carroll County, Ohio, represents that he has a legal right to and is seized in fee simple of ten undivided eighth part of the following real estate situate in said County of Carroll and described as follows: viz the west half of the South East quarter of section numbered twenty four (24) in township twelve (12) of range five (5) ofthe lands ordered to be sold in the Steubenville district in the State of Ohio. And your petitioner further represents that Thomas Ayres and Susannah Ayres his wife of Hartford County and State of Maryland, Perry James and Sarah James his wife of the State of Iowa, James Larkins and Rebecca Larkins his wife of Perry County and State of Ohio** Hannah Hoge, John Sharp, Thomas Tolan and Susannah Tolan his wife of Carroll County Ohio, George Walker and Sarah Jane Walker his wife, John Everhart and Mary Ann his wife and Abram Sharp, William Sharp, Elizabeth Sharp of Tuscarwaras County Ohio heirs at law and legal representatives of Benjamin Sharp deceased and others whose names and places of residence are unknown to your petitioner with your petitioner in said premises. Your petitioner therefore prays that partition of said lands may be made and that during the pendency of said suit a Guardian ad litem may be appointed for the said Abram Sharp, William Sharp and Elizabeth Sharp who are represented to be minors of tender years and that if said land cannot be divided without manifest injury, that their proceedings may be had in the premises as are authorized by law. A. W. Morrison Atty for James Sharp.
**John Denbow and Martha his wife of Monroe County Ohio, Solomon Allbaugh and Keziah his wife and Thomas Sharp and Margaret his wife of Athens County, Ohio. (These heirs after the asterisk '**' should have been entered in to the Bill after the asterisk '**' marker thereon)
Afterwards to wit on the 27th day of July 1847 Hannah Hoge by her attorneys Mssrs Eckley and Lewis pled in the Office of the Clerk ofthe Court of Common Pleas aforesaid her answer in the words and figures following to wit: James Sharp vs. Thomas Ayres et al Partition - The Separate Answer of Hannah Hoge to the Petiton for Partition of James Sharp and the defendants for answer to said petition says that she is not advised or does she know of her own knowledge any legal interest owned by said James Sharp in the lands described in said petition. This defendant further answering says that about the last of February or first of March in the year of A.D.1847 she became the purchaser of seventh of the land described in the petition, that she made said purchase from Thomas Sharp as heir at law to Elias Sharp former owner of said lands and who said Thomas Sharp was the legal owner of that time of said sevenths as the defendant was informed and . This defendant further answering says that on the ___________ day of _______ 1847 she filed her petition in partition making all parties as she believed and still believes and defendants and prayed said Court to order partition of said premises and that at the May Term of said court for the year of 1847 a writ of partition was ordered by said court to make partition of said lands which was returned to said May Term with an appraisement of said premises in duo form of law and that the same could not be divided without manifest injury to and that said May Term A.D. 1847 this defendant elected to take said premises at the appraised value thereofto the Sheriff of Carroll County and at said May Term 1847. The said proceedings and the said case examined by said Court and approved and confirmed and said premises in said petition recorded adjudged by said Court to the defendant and said Sheriff ordered to make and deliver to this defendant a deed for said premises according to law, all of which was subsequently done and all of which will more fully appear reference being had to the records of said Court. This defendant therefore charges that she has the only legal and equitable title to said premises in said petition described and that said James Sharp has no interest in said premises either legal or equitable. She therefore prays that said petition of said James Sharp may be dismissed and that she be adjudged to her reasonable costs and expenses in this behalf expended.
Hannah Hoge. Afterwards to wit at the September Term of the Court of Common Pleas aforesaid for the year 1848 on motion to the Court by Brown Esqr. counsel for the petitioner. It is ordered that by the oaths of George Hampson, Harry Corsbie and Thomas See partition be made of the lands in the petition described in the following manner and proportions, to wit: To the said James Sharp four equal seventh parts, and it is further ordered that a writ of partition issue to the Sheriff of Carroll County commanding him to cause said partition to be made accordingly. At said term previous to the granting of the above order Robert Grozier Esqr. having been appointed Guardian ad Litem for the minor defendants, pled in the office of the Clerk of the Courts foresaid,. his answer in the words and figures following to wit: James Sharp vs. Thomas Ayres et al In Partition and now comes the said Abram Sharp, William Sharp, Elizabeth Sharp, minor defendants in this case by their guardian ad litem Robert Gropier who for answer says that he is not advised of the truth or falsity of the matter and things stated in the petition and asks that the complainant be held to strict proof of all the statements and allegations in this petition Robert Grozier, Guardian ad Litem of Abram, William and Elizabeth Sharp. The motion then issued to the Sheriff of Carroll County a writ of partition in the words and figures following: The State of Ohio, Carroll County
To the Sheriff of Carroll County We command you that without delay by the oaths of Harry Corsbie, Thomas See and George W. Hampsen you cause partition to be made of the following real estate situate in the County of Carroll State of Ohio and described as follows to wit: The west half of the South East Quarter of section numbered twenty four (24) in township twelve (12)of Range five (5) of the lands ordered to be sold at Steubenville in the State of Ohio between the following persons and in the following proportions to wit: To James Sharp five equal eighth part and that your proceeding in the premises you distinctly certify under your hand to our Court of Common Pleas within and for said County of Carroll together with this writ Sept 13th. Thereupon during said Term and on said 13th day of Sept 1848 said writ was returned endorsed as follows to wit: We the Commissioners appointed in this cause do make partition of the following real estate to wit: the West half of the South East quarter of Section numbered twenty four (24) in township twelve (12) of Range five (5) of the lands ordered to be sold at Steubenville in the State of Ohio, having been duly sworn. Upon actual view of the premises we are of opinion that that the lands cannot be divided without manifest injury to the same and therefore we do estimate the value thereof at seven hundred twenty dollars sworn under our hands this 13th day of Sept 1848. Geo W. Hampson Harry Corsbie Thomas See. And therefore on motion of Mr. Brown counsel for petitioner and upon producing the proceedings of the Sheriff and the report and proceedings of the Commissioners herein before appointed and the same being It is ordered that said proceedings and report and the same are hereby approved and confirmed. And thereupon the said Hannah Hoge electing to take said real estate at the valuation of said Commissioners and having paid to James Sharp aforesaid his proportion of the appraised value thereof the said estate is hereby adjudged to the said Hannah Hoge and the Sheriff is ordered to execute a deed in fee simple for the same Hannah Hoge according to the Statute in such cases made and provided for. And it is further ordered that the costs and expenses of this suit taxed to $______ including twelve dollars attys fee be paid by the parties in the proportion the estate was ordered to be partitioned.
Lloyd Clerk Carroll County Ohio Common Pleas Law Record 1845-1848 Book D Pages 709,710,711